Can i reinstate a case due to no compensation made
Hi
Please help with my case, so in december my house was broken into and my personal stuff and professional cameras were stolen which i use for my studio as a photographer. I opened a case of theft and upon investigation it was discovered it was one of the tenants son who stole it. He was arrested and sent to prison but before sentencing the parents convinced me to drop the case on condition they would buy my cameras and other stuff. We signed an agreement with the prosecutor on the conditions of dropping the case that he does not commit any crime in the country and i would be compensated for what i lost. The prosecutor further said if those conditions were not met the case could be reinstated. After 8mnths i have not been compensated and the parents seem not to care anymore as their son was let out of jail. I need to know what are my options if any to get compensated for what i lost and the channels to follow. Thanks
Category: Civil Matters, Damages
Region: South Africa, Gauteng
1 Answer
Hello. It seems to me he was awaiting trial from prison when you made an agreement to have the case withdrawn on condition he pays you back. If he was put on trial and sentenced by a magistrate a prosecutor cannot have him released. Prosecutors are generally not allowed to make such arrangements but he/she was trying to help resolve the matter peacefully. You can use a copy of the agreement to go to the small claims court and sue him. If the value of the items is over 12000, you will need a lawyer to help sue him at the Magistrates court. You can also go back to the Prosecutor on the matter. Matters that are withdrawn can be re-instated. In effect he can be sent a summons to come to court to answer the charge of theft.